Mortensen, Reid (2017) How many chief justices? Judicial appointments and ethics in Queensland. Legal Ethics, 20 (1). pp. 64-88. ISSN 1460-728X
Abstract
Australia has recently experienced what many regard as its greatest judicial crisis. The appointment of Timothy Carmody QC as Chief Justice of Queensland in 2014 emerged from a process that was tainted by the state government’s willingness to break confidences gained in the course of consultation for the appointment. Equally, a strongly negative and heterodox reaction to the appointment by the whole Queensland Supreme Court bench meant that, together, politicians and judges brought on a collapse of the traditional ethics surrounding judicial appointments. Nevertheless, the extreme circumstances of the Carmody affair suggest that, where judges have a legitimate concern that a judicial appointment might put a fundamental constitutional value like judicial independence at risk, a court may be justified in publically expressing concern about the appointment.
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| Item Type: | Article (Commonwealth Reporting Category C) |
|---|---|
| Refereed: | Yes |
| Item Status: | Live Archive |
| Additional Information: | Permanent restricted access to Published version, in accordance with the copyright policy of the publisher. |
| Faculty / Department / School: | Current - Faculty of Business, Education, Law and Arts - School of Law and Justice |
| Date Deposited: | 30 Oct 2017 06:00 |
| Last Modified: | 23 Apr 2018 23:43 |
| Uncontrolled Keywords: | legal ethics, judicial ethics, judicial appointments |
| Fields of Research : | 22 Philosophy and Religious Studies > 2201 Applied Ethics > 220105 Legal Ethics 18 Law and Legal Studies > 1801 Law > 180120 Legal Institutions (incl. Courts and Justice Systems) |
| Socio-Economic Objective: | C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified |
| Identification Number or DOI: | 10.1080/1460728x.2017.1348007 |
| URI: | http://eprints.usq.edu.au/id/eprint/32924 |
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